44,152 Result(s)
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Chapter
Foreignness in EU Investment Screening Law
Concerns regarding foreign direct investments (FDI) from China have played a central role in the adoption and development of the EU framework for FDI screening. The official discourse regarding these concerns ...
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Negotiating Mitigation Agreements: Prenup-Agreements for a Future Ménage à Trois?
This piece gives an overview of agreements to mitigate national security concerns between the concerned state on the one hand and the acquiring company and the target company on the other hand. Through such mi...
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Regulating Sovereign-Driven Investments in International Trade and Investment Agreements: The Role of Investment Screening Mechanisms
The cross-border economic activity of sovereign investors has been increasing over the last decades. This proved vital in an international economy wrecked by financial, economic, health and other crises. The c...
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Foreign Direct Investment and Security: What is Actually the Problem?
This working paper seeks to address head-on the question that is often addressed only fleetingly or indirectly in discussions about FDI screening: what are we actually concerned about? More specifically, how c...
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International Coordination of National Screening Procedures: The Case of the EU Cooperation Mechanism
This chapter identifies the main challenges at the crossroads of international cooperation and investment screening, which are confidentiality, reconciling international cooperation with national interest, ens...
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Chapter
The Coin of the Realm: Foreign Investment Screening & Trust in International Relations
Investment screening mechanisms (“ISMs”) have been in a state of flux, both in practice and design, with a notable recent increase in new regulatory frameworks and significant amendments to existing screening ...
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Definition of Foreign Investors and Protected Investments: A Comparative Analysis
This chapter first identifies problems arising out of definitions of “foreign investor” and “foreign investment” in domestic legislation. The chapter then analyses bilateral and multilateral investment treatie...
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Inward Foreign Investment Screening in Australia: Development and Implications
This chapter outlines political, legal, and economic aspects of Australia’s inward foreign investment screening regime, taking account of the historical development of the legislative framework and its practic...
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Facilitating and Scrutinizing National Security Measures: Analysis of an Investment Screening Case in the European Union
In the current context of global affairs, geopolitical strategies blend into economics, with a slew of new regulatory measures reflecting this trend. Among these are mechanisms for the screening of foreign dir...
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The International Legal Framework for Foreign Investment Control
The provision on security interest (SI) inserted in an international investment agreement (IIA) allows the State to take regulatory measures without compensating the foreign investor whose rights are affected,...
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Chapter
Investor Obligations Through the Prism of the EU Foreign Investment Screening Framework
Foreign Direct Investment (FDI) screening instruments adopted in recent years do not directly impose corporate social responsibility (CSR) obligations on foreign investors. This is in contrast with the latest ...
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Toward a Multilevel System of Investment Control Oriented to Crisis Management: Italian Golden Power in the Framework of the EU FDI Screening Mechanism
This chapter analyses the ‘osmotic’ relationship between the parallel evolution of the Italian regulation on special powers and of the EU mechanism on FDI screening to verify the effectiveness of a multilevel ...
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Correction to: AI and Sensitive Personal Data Under the Law Enforcement Directive: Between Operational Efficiency and Legal Necessity
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Conclusions
Regulations of non-state actors can affect any element of the penal norms and have a real impact on the shape of an individual’s criminal responsibility.
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Correction to: Digitalization and Competition Policy in Japan
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Chapter
Article 112 [Approval of Reimbursements]
In the case of charges other than1 turnover taxes, excise duties and other forms of indirect taxation, remissions and repayments in respect of exports to other Member States may not be granted and countervailing ...
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Chapter
Correction to: “Imperialism without Imperialists” and the Settler-Colonial Logics of Reservation Policing
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Article 161 [Annual Report on Social Development]
The provision adopts the same phraseology as ex-Article 145 TEC and has as its objective the maintenance of the reporting obligation of the European Commission towards the EP on matters of social development a...
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Chapter
The Making of Criminal Law as an Element of Ius Puniendi
The creation of criminal law regulations is part of the exercise of ius puniendi, which in turn is considered to be an exclusive competence of the state. At the same time, however, law-making is increasingly cond...
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Article 163 [Administration]
The article was originally numbered Article 124 TEEC, then Article 147 TEC, and the Lisbon Treaty changed the numbering to Article 163 TFEU. The content has not been changed.
